Common use of Method of Designation Clause in Contracts

Method of Designation. (i) If the Exchange Agent is required pursuant to Subsection (d) to designate from among all No Election Shares the Reallocated Cash Shares to receive the Per Share Cash Consideration, each holder of No Election Shares shall have a pro rata portion (based on such holder's No Election Shares relative to all No Election Shares) of such holder's No Election Shares designated as Reallocated Cash Shares. (ii) If the Exchange Agent is required pursuant to Subsection (d) to designate from among all Stock Election Shares the Reallocated Cash Shares to receive the Per Share Cash Consideration, each holder of Stock Election Shares shall have a pro rata portion (based on such holder's Stock Election Shares relative to all Stock Election Shares) of such holder's Stock Election Shares designated as Reallocated Cash Shares. (iii) If the Exchange Agent is required pursuant to Subsection (d) to designate from among all Cash Election Shares the Reallocated Stock Shares to receive the Per Share Stock Consideration, each holder of Cash Election Shares (except Dissenting Shares) shall have a pro rata portion (based on such holder's Cash Election Shares relative to all Cash Election Shares) of such holder's Cash Election Shares designated as Reallocated Stock Shares.

Method of Designation. (i) If the Exchange Agent is required pursuant to Subsection (dSection 3.03(d) to designate from among all No Election Shares the Reallocated Cash Shares to receive the Per Share Cash Consideration, each holder of No Election Shares shall have a pro rata portion (based on such holder's ’s No Election Shares relative to all No Election Shares) of such holder's ’s No Election Shares designated as Reallocated Cash Shares. (ii) If the Exchange Agent is required pursuant to Subsection (dSection 3.03(d) to designate from among all Stock Election Shares the Reallocated Cash Shares to receive the Per Share Cash Consideration, each holder of Stock Election Shares shall have a pro rata portion (based on such holder's ’s Stock Election Shares relative to all Stock Election Shares) of such holder's ’s Stock Election Shares designated as Reallocated Cash Shares. (iii) If the Exchange Agent is required pursuant to Subsection (dSection 3.03(d) to designate from among all Cash Election Shares the Reallocated Stock Shares to receive the Per Share Stock Consideration, each holder of Cash Election Shares (except Dissenting Shares) shall have a pro rata portion (based on such holder's ’s Cash Election Shares relative to all Cash Election Shares) of such holder's ’s Cash Election Shares designated as Reallocated Stock Shares.

Method of Designation. (i) If the Exchange Agent is required pursuant to Subsection (d) to designate from among all No Election Shares the Reallocated Cash Shares to receive the Per Share Cash Consideration, each holder of No Election Shares shall have a pro rata portion (based on such holder's ’s No Election Shares relative to all No Election Shares) of such holder's ’s No Election Shares designated as Reallocated Cash Shares. (ii) If the Exchange Agent is required pursuant to Subsection (d) to designate from among all Stock Election Shares the Reallocated Cash Shares to receive the Per Share Cash Consideration, each holder of Stock Election Shares shall have a pro rata portion (based on such holder's ’s Stock Election Shares relative to all Stock Election Shares) of such holder's ’s Stock Election Shares designated as Reallocated Cash Shares. (iii) If the Exchange Agent is required pursuant to Subsection (d) to designate from among all Cash Election Shares the Reallocated Stock Shares to receive the Per Share Stock Consideration, each holder of Cash Election Shares (except Dissenting Shares) shall have a pro rata portion (based on such holder's ’s Cash Election Shares relative to all Cash Election Shares) of such holder's ’s Cash Election Shares designated as Reallocated Stock Shares.